By: Batumba Tak
Union Organizer
The St. Kitts-Nevis Trades & Labour Union
No Union = No Rights
In the words of Wendell Phillips, “Organize, and stand together. Claim something together, and at once; let the nation hear a united demand from the laboring voices, and then, when you have got that, go on after another; but get something.”
The right to join a Union of one’s choice is a fundamental human right, sacred to any democratic society, including the right to organise.
Our forebears fought for these rights early in the 1900’s and they continue to ensure that these rights are always protected because they did not trust the establishment to pass laws for the protection of the laboring class.
Employers have taken the view from the children of the then establishment that they have a right to do whatever they wish to do. As a result, the children of the labouring class are called upon to ensure that those very rights are also protected as well.
Nonetheless, let us turn our attention to: No Union = No Rights.
We shall now look at the difference between if your workplace is non-Union or if you join a Union and have a collective agreement.
Here at the St. Kitts-Nevis Trades & Labour Union, we know from experience that unless employees have a collective agreement, they are at the mercy of company policies.
Thus, most employment handbook clearly state that policies are “guidelines only and not a contract of employment” or that the terms of the handbook are subject to change without notice.
In a non-Union workplace, employers have taken the dim view that you are an “employee at will.” This means that your employer can discipline or fire you at any time for any frivolous reason; you have no recourse.
However, if you are a member of a recognised Trade Union and have a collective agreement, it will definitely state that discipline, up to and including discharge, is subject to a grievance procedure and binding arbitration, depending on the terms of your collective agreement.
Most employers state that they have an “open door” policy. What that really means is, they will listen to you then do whatever he/she wants. I am pretty sure almost every employee will agree with me that “open door” just don’t work for them at all.
However, even under a company’s “open door” policy, there is nothing to really make anyone believe that this policy is meaningful.
On the other hand, if you are a member of a recognised Trade Union, the contract negotiations will require that both sides – Labour and management to listen, and to reach reasonable compromises that is acceptable to both sides.
We shall now look at if your work in a non-Union workplace. In non-Union workplace, employers always determines the level of salary/wages, benefits and other terms and conditions of work. Therefore, if you are not satisfied, your best option is probably is to get another job. Still there is no guarantee that anything will change. But please don’t be surprised if they get worse.
On the other hand again, if you are a member of a recognised Trade Union, your collective agreement will definitely state the kind of salary/wages, and working conditions you will be working under. However, if you are still not satisfied, you can work for changes during the next contract negotiations.
It so happen that while in discussion with an employer just recently, the employer kept lamenting that nothing in the Union agreement clearly state what to do if the employees are absent from work on a regular basis or turning up to work late.
Let me state quite clearly for the record, the St. Kitts-Nevis Trades & Labour Union do not condone lateness or workers who don’t report to work regularly, but at the same time we have no intention of throwing any worker under the bus in a manner of speaking.
However, as a result of that employer comment we have already advised our members to peruse the collective agreement for when it comes for renegotiate in the very near future.
I am pretty sure that all most everyone will agree with me that many employers have a way of changing their employee’s salary/wages, benefits and other conditions at anytime it pleases them by giving some ridiculous reasons.
At the St. Kitts-Nevis Trades & Labour Union, we are of the opinion that neither Labour nor management can make unilateral changes to a signed agreement. That is signed by the Labour Commissioner as well.
However, if there is any modifications are necessary during the life of the collective agreement, both sides must agree to those changes.
Finally for today’s article, we will now look at how management feels that the hiring and promotion and demotion are up to the discretion of the employer.
Here at the St. Kitts-Nevis Trades & Labour Union, we are of the opinion that the hiring and promotion and demotion and other conditions of employment is generally covered by collective agreement and therefore cannot be changed by any one party.
As time is of the utmost importance, we will have to stop here for today, but will continue to bring to the general public our members views on all topics raise by them be it Industrial or healthy eating.
As I close for today, I leave you with a quote by David A. Morse, and a song by Jack Chernos.
“Our motto is to work for peace based on social justice. Our mandate is to improve the condition, health and safety of workers, and our mission is universal.”
The Silence Of Good People
By: Jack Chernos.
It was once asked of Rev Dr. Martin Luther King, Jr
How the progress of rights could be so long coming
His answer was not the evil of some
But the silence of good people.
Although we may never arrive in the garden
The sin is not failure, but never starting
My silent friend, it is you that I am speaking of
Of the silence of good people.
We, we will not be silent
We, we will not be silent
We will not be silent.
Although we have only hearts, bodies, and minds
Against guns and clubs, lies and threats and money
When the truth is released, each echo comes louder
On the voices of good people.
We, we will not be silent……
I’ve taken my place on the streets of our land
With my sisters and brothers by the tens of thousands
And I have sweet hope, because I can hear
The rising voices of good people.
We, we will not be silent……